to use this photo and would that allow the a.p. to use any photo? >> it was taken in public and it can be used in whatever manner as long as the manner is not otherwise miss hiding or defamatory. -- otherwise misleading or defamatory. here is the the reality. with respect to mitt romney there is no lawsuit because of the fact that he is and could potentially be the next president. megyn: we all agree on that. the question is the little girl who was was made to look like she was participating in something untoward or humiliating. >> this little girl could have taken a photograph with the next president of the united states. you have to establish there was false statement and it was injure was to her reputation and there were damages. was it taken out of context? yes. they published a correction the next day. with regard to injury to her reputation, where is the injury to her reputation? megyn: a little girl will face when she goes back to school and all of her friends seeing her going ahh to mitt romney's back side. >> it's the bullying that could ta